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constituted. It is, however, obvious that in the evolution of trial by jury in that country there is much that is undeveloped. As long as criminal cases were tried before judges accustomed to weighing evidence, the admission of hearsay evidence, secondary evidence and opinions of witnesses was comparatively harmless; but where the same latitude is allowed in jury trials, it necessarily produces confusion and uncertainty. The course of the presiding judge in prosecuting the accused is evidently a survival of the practice that antedated trial by jury.

All of the constitutions of France down to the one now in force have contained guaranties of trial by jury. The present Constitution does not; and there is no need that it should do so; for trial by jury has obtained a secure hold on the affections of the French people, largely, I think, for a reason that does not operate either

I in England or America. The Latin races are passionately fond of dramatic representations. Panem et circenses” was the cry of the Roman populace.

The French people like a jury trial for its dramatic interest, if for nothing else. They might say of it as Charles II. said of the proceedings in Parliament: “It is as good as a play.”




Address Delivered to Graduating Class of the Law Department of the University of Arkansas, at Commencement,

Little Rock, Ark., June 1, 1894



I regret to have to say that I have discovered no way of learning the law in six easy lessons; no method that will relieve you of the necessity of close application and serious study, that ought to continue until you should sever your connection with the legal profession, or until you die. I should rejoice if I could tell you that you may convince courts, control juries, satisfy your clients, and win distinction in the sphere of action to which you have devoted yourselves, drawing your resources only from cursory and casual reading; but the truth compels me to say that no such possibilities exist, and that as to this subject, no true gospel has been found, save that of hard labor.

I find these curious passages in the ancient Talmud of the Jews, which are not altogether inappropriate to what I have to say tonight:

Rabbi Chonan, of Zepora, said, “The study of the law may be compared to a huge heap of dust that is to be cleared away. The foolish man says, 'It is impossible that I should be able to remove this immense heap; I will not attempt it;' but the wise man says, 'I will remove a little today, some tomorrow, and more the day after, and thus, in time, I shall have removed it all.'” It is the same with studying law.

In the book of Proverbs we are told that “Wisdom is too high for a fool.” The Rabbi Levi illustrates this text by a parable: A man once hired two servants to fill a basket with water. One of them said, Why should I continue this useless labor? I put the water in on one side, and it immediately leaks out on the other;

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